Comparison of Gramm/McCain Substitute for Murray/Shelby Provision

Safety Reviews

Murray/Shelby: Full safety compliance reviews of 49 CFR performed on-site for carriers applying to operate beyond the commercial zones, with required satisfactory rating before conditional authority and again before granting permanent authority. Section (1)(A),(B).

Gramm/McCain: Safety reviews for carriers applying to operate beyond the commercial zones not indexed to requirements of 49 CFR, and performed on-site only when circumstances warrant. Full safety compliance reviews not required. Some elements of a safety review are enumerated. Section (1)(A)(I)(ii), and (1)(B)

Gramm/McCain: Electronic or other license verification of every commercial motor vehicle (CMV) driver operating beyond the commercial zones, but only in connection with a Level I (including driver) inspection, and random verification of licenses of drivers apart from a Level I inspection (Level I or V conducted at DOT s discretion). Section (1)(C).

Commercial Vehicle Safety Alliance Inspection Decal

Murray/Shelby: Decal must be affixed to commercial vehicle by each inspected Mexican motor carrier which has operating authority beyond the commercial zones demonstrating successful compliance through a Level I (full driver and vehicle) inspection which expires after 90 days and no motor carrier may enter the U.S. without a valid decal. Section (1)(F).

Gramm/McCain: Decal may be granted for compliance also with a Level V (vehicle-only) inspection as well as for a Level I inspection and requires violators to pay a fine of up to $10,000. Section (1)(A)(iii).

Murray/Shelby: All federal policies must be adopted pursuant to completed rulemaking. Section (1)(I).

Gramm/McCain: Some federal policies adopted without rulemaking (see above), and others adopted through rulemaking subject to kick-out clause that FMCSA was unable to complete the rulemaking(s) and FMCSA notifies Congress within 30 days of enactment with a new timetable. Section (1)(J).

Inspector-General (IG) Certification of Inspectors Funded Under This Act

Murray/Shelby: IG certifies in writing that all funded inspector positions are filled..Section (1)(A).

Gramm/McCain: IG only certifies the number of available inspectors hired, trained, and on duty at the border by January 1, 2002. Section (2)(A).

Murray/Shelby: IG certifies agency policy for ensuring compliance with hours of service requirements for carriers operating beyond the commercial zones and their municipalities. Section (2)(D).

Gramm/McCain: IG certifies compliance. Note: Unclear whether such compliance in Gramm/McCain is confined only to long-haul carriers or applies to all Mexico-domiciled carriers operating in the U.S. (the latter is preferable). Gramm/McCain also requires IG periodic recertification, which is desirable. Section (2)(B)(ii).

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